My wife has confirmed cheating on me by having multiple affairs. I want to know what effect her confirmed cheating has on our divorce settlement, specifically how it impact a child custody determination.
This answer only includes general divorce information for men as I am only licensed to practice in Oklahoma and cannot provide advice on child custody laws in your state.
While confirmed cheating alone may not provide support for your child custody position, it is largely dependent on the facts of your case.
For example, if you have evidence to present to the court that your wife continually cheats and places your children in harm’s way or in inappropriate situations as a result of cheating, or neglects the children due to her cheating, this can certainly be helpful to your case for custody of the children.
Determination of custody in the state where I am licensed to practice law is based upon the best interests of the children. Therefore, if the cheating does not negatively affect the children, it most likely will not be considered by the court in a determination of child custody.
Specifically regarding settlement of your custody case outside of court, it is possible for you to attempt to use the evidence of her cheating in your negotiations as an incentive for her to settle.
It is always best to seek legal advice on divorce matters from a family law attorney in your state who can review and analyze all relevant facts and child custody laws.